Mosaic Musings Terms of Use (COC), For Members Only Options

[Cleo_Serapis]

Mosaic Musings Terms of Use

This is an agreement between you and Mosaic Musings.  This agreement sets forth the terms and conditions that govern your use of Mosaic Musings, its Forum Board and respective Forums within the Forum Board (collectively the “Site”).   By accessing or using the Site, you agree to be bound by the following terms and conditions (“Terms of Use”).  Read the Terms of Use carefully before accessing or using the Site.  If you do not want to be bound by the Terms of Use, you may not access the Site and should therefore immediately cease any such use.  

1. MODIFICATION OF TERMS OF USE

The Terms of Use may be modified from time to time without notice to you.  You are responsible for reading the Terms of Use periodically to be aware of any such modifications.  You can read the most current version of the Terms of Use at any time at: Click link here.  

When the Terms of Use is modified, the "last updated" date below will reflect the modification date.   For material changes to the Terms of Use, Mosaic Musings will notify you at the email address you provide to Mosaic Musings in your member profile.  It is your responsibility to keep your member profile current.

In addition, when using a Mosaic Musings Forum, you shall be subject to any posted guidelines, rules or requirements applicable to such Forum which may be posted from time to time (“Forum Participation Rules”).  The Forum Participation Rules are hereby incorporated by reference into the Terms of Use in their entirety.  

2. DESCRIPTION OF THE SITE

Mosaic Musings is a privately owned and operated closed writer’s online community, created with the intention of providing fun, challenging and informative discussion forums. Mosaic Musings is in no way affiliated with any other sites offering similar content, unless specifically indicated.  You understand and agree that the Site is provided “as is” and that Mosaic Musings assumes no responsibility for the deletion, delivery or failure to store any user communications.   You are responsible for obtaining access to the Site, and that access may involve third party fees (such as airtime charges).  You are responsible for those fees, including those fees associated with the display or delivery of the Site.  You are also responsible for all equipment necessary to access the Site.

3. MEMBERSHIP

Membership to Mosaic Musings is FREE of charge.  In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  Persons under the age of 18 are not permitted to join the Site unless the special permission is granted.  You may contact lkanter@mosaicmusings.net for further information.

You understand and agree that membership to the Site may from time to time include communications from Mosaic Musings.  Such communications include, but are not limited to, any announcements and administrative messages.  

Mosaic Musings reserves the right to cancel or suspend membership to any member at any time.  Not withstanding any rights you may have pursuant to Forum Participation Rules, upon termination, your right to use and access the Site will immediately cease.    

4. ACCOUNT  SECURITY

If your application for membership is accepted, you will receive an account and a password.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (A) immediately notify Mosaic Musings at mailto:lkanter@mosaicmusings.net of any unauthorized use of your password or account or any other breach of security, and (B) ensure that you exit from your account at the end of each session.

5. PRIVACY POLICY

Mosaic Musings is concerned about the privacy of all its members.  Your membership information is subject to the Mosaic Musings Privacy Policy.  For more information, see the Mosaic Musings Privacy Policy at:the link here.

6. CODE OF CONDUCT

Mosaic Musings values freedom of expression, but not at another’s expense.  The Site is a closed writer’s community.  The Site is intended to provide an educational environment, a sanctuary and a learning center for writers and unacceptable behavior will not be tolerated.  Members agree to be courteous when responding on either the private Forum or by personal email to posts made in their personal threads.   A little support and recognition speaks volumes when reciprocal feedback is given in this educational environment.

You understand that all information, data, text, messages or other input ("Content") posted on the Site, are the sole responsibility of the member from which the Content originated.  This means that you, and not Mosaic Musings, are entirely responsible for all Content that you post, email, transmit, input or otherwise make available using the Site.  Mosaic Musings does not control the Content posted in its Site and, therefore, does not guarantee the accuracy, integrity or condition of the Content.  You understand that by using the Site, you may be exposed to offensive, indecent or objectionable Content.  Under no circumstances is Mosaic Musings liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, inputted or otherwise made available on the Site.

In connection with your use of the Site, you agree not to:

(A) Post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, obscene, abusive, tortuous, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;

(B) Impersonate any a Mosaic Musings official, forum leader, guide, representative, host, mentor or Praetorian or falsely state or otherwise misrepresent your affiliation with a person or entity;

© Harm minors in any way;

(D) Post, transmit or otherwise make available any Content that you do not have a right to reproduce, display or transmit under law;

(E) Post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, contract or other proprietary rights of another;

(F) Post, transmit or otherwise make available any Content that may invade another’s right of privacy or publicity;

(G) Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam or junk mail;

(H) Post, transmit or otherwise make available any Content that contains software viruses or any other computer software code, files or programs designed to interrupt, destroy, interfere or limit the functionality of any computer software or hardware;

(I) Stalk, harass or personally attack a member;

(J) Collect or store personal data about members; and

(K) Reproduce, distribute, publicly display or publicly exhibit any Content provided on the Site.

You agree to keep personal disputes out of the Forums.  If there are any questions in this regard, you agree to seek the advice of a Praetorian.   If a dispute cannot be resolved amicably, you agree to be respectful to all members’ feelings and seek the avoidance route.  If your dispute is with a Praetorian, contact an Administrator at lkanter@mosaicmusings.net directly.
 
You acknowledge that Mosaic Musings may not pre-screen Content, but that Mosaic Musings and its Praetorians, Administrators and Mentors (collectively “Affiliates”) shall have the right (but not the obligation), in their sole discretion, to remove any Content that is available at the Site.  Without limiting the foregoing, Mosaic Musings and its Affiliates shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable.   You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.   In this regard, you acknowledge that you may not rely on any Content created by Mosaic Musings or submitted to Mosaic Musings, including without limitation information in Mosaic Musings Forums, and in all other parts of the Site.

You acknowledge, consent and agree that Mosaic Musings, may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (B) enforce the Terms of Service; © respond to claims that any Content violates the rights of another; or (d) protect the rights, property, or personal safety of Mosaic Musings, its members and the public.

7. FORUM PARTICIPATION RULES

In addition to the Terms of Use, each Forum in the Site is governed by its own Forum Participation Rules.  The Forum Participation Rules may require you to comply with requirements concerning confidentiality, disclosure, posting, edits, timeframes, critiques, quoting and conduct associated with the Content provided in the Forum.

8. COPYRIGHT INFORMATION

Content displayed on the Site is protected under U.S. Copyright laws and cannot be copied, altered, uploaded, transmitted, published, distributed, reproduced or sold, in whole or in part for any purpose other than for non-commercial and personal use. Further restrictions on the Content may depend on the Forum Participation Rules associated with the Forum in which the Content is posted. All works posted on the Site are submitted on a voluntary basis. This allows Mosaic Musings to display and archive such works within Site, and if applicable, allows members to comment on such works. All exclusive rights are reserved by the respective copyright owners and no redistribution including publication or reproduction in any form is permitted without express permission of the copyright owner.  

For more information regarding U.S. Copyright laws see:  the U.S. Copyright Office website at http://www.copyright.gov/

9. TRADEMARK INFORMATION

Mosaic Musings, mosaicmusings.com, mosaicmusings.net, mosaicmusings.org, all hostnames therein, and any Mosaic Musings logos are trademarks of Mosaic Musings. Without Mosaic Musings permission, you cannot display or use any of Mosaic Musings’ trademarks.

10. VIOLATIONS OF TERMS OF USE

Mosaic Musings reserves the right (at its discretion) to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate. You agree to reimburse Mosaic Musings for all losses, damages, or expenses (including court costs and reasonable attorney's fees) that it may incur due to any violation of the Terms of Use. You acknowledge and agree that Mosaic Musings may not have a remedy adequate to protect its rights and interests set forth in herein, and therefore, you understand that Mosaic Musings may pursue an injunction enjoining you from violating the provisions of the Terms of Use. You also acknowledge and agree that Mosaic Musings may pursue any other remedies available for such breach or threatened breach, including recovery of damages from you. Violations of the Terms of Use may be reviewed by Mosaic Musings and its Affiliates.

11. COPYRIGHT INFRINGEMENT NOTICES

(A) Pursuant to Title 17, United States Code, Section 512©(2), copyright infringement notices should be sent to Mosaic Musings’ Designated Agent by facsimile 978-341-0136 or email copyright@mosaicmusings.com in accordance with the procedure outlined as 1 through 6 below.   Please note that inquiries that are not relevant to copyright infringement notices will not receive a response from Mosaic Musings’ Designated Agent.  

(1) A physical or electronic signature of a copyright owner of an exclusive right that is allegedly infringed or authorized agent (“Notifying Party”);

(2) Identification of each copyrighted work allegedly infringed;
 
(3) Identification of the allegedly infringing content that is to be removed or access to which is to be disabled, and a description of the location of the allegedly infringing content in reasonably sufficient detail to permit the service provider to locate the material;
 
(4) Information reasonably sufficient to permit the service provider to contact the Notifying Party, such as a first and last name, address, telephone number, and email address, where the Notifying Party should be contacted;

(5) A statement that the Notifying Party has a good faith belief that use of the allegedly infringing content on the Site is not authorized by the copyright owner and the law; and

(6) A statement that the information in the notice is accurate, and under penalty of perjury, that Notifying Party is authorized by law to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

(B) A copyright infringement notice containing the information outlined in 1 through 6 above in this section duly received by the Mosaic Musings Designated Agent will be handled accordingly by the service provider.  The service provider shall take reasonable steps to notify the member who posted the allegedly infringing content on the Site, to the extent possible.  

12. CHOICE OF LAW

The Terms of Service and relationship between you and Mosaic Musings shall be governed by the laws of the state of Massachusetts without regard to conflict of law provisions.  

13. DISCLAIMER OF WARRANTIES

Your use of the Site is at your own risk.  Mosaic Musings makes no representations, warranties or conditions, express or implied.  Mosaic Musings disclaims any and all warranties or conditions, express, statutory, and implied, including without limitation (A) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment (B) warranties or conditions arising through course of dealing or usage of trade and © warranties or conditions that access to or use will be uninterrupted or error-free.

14. LIMITATION OF LIABILITY

Mosaic Musings is not liable for any loss or damage arising from your failure to comply with the Terms of Service.  Mosaic Musings is not liable to you for any direct, indirect, incidental, special, consequently or exemplarily damages, even if Mosaic Musings has notice of such damages.  Such damages include but are not limited to (A) damages to tangible or intangible property, (B) damages for loss of profits, goodwill, use, data or other intangible losses, and © damages resulting from statements or conduct of any members or any third party.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mosaic Musings and its members, managers, officers, employees, Affiliates, Designated Agents, Praetorians, Mentors, forum leaders, guides, representatives, hosts, administrators, agents and the assigns of same, from and against any and all losses, costs, expenses, attorneys' fees, claims, damages and liabilities related to or associated with the your use of the Site or any violation of the Terms of Use by you.

Copyright © 2003-2005 Mosaic Musings, LLC
All Rights Reserved
Created July 2003

Last Updated September 2nd, 2005 6:19 PM

[Cleo_Serapis]

Updated Terms of Use Feb 13, 2004

[Cleo_Serapis]

Revised section 8: COPYRIGHT INFORMATION in anticipation of chapbook publishing (compilations of Pandora winners, and other awards grated at MM).

Hello everyone!  

On April 3, 2004, we made a revision to our TERMS of USE, section 8: COPYRIGHT INFORMATION, as follows:
"...By posting Content on the Site, you are granting Mosaic Musings, LLC and its affiliates, successors, and assignees, a nonexclusive, irrevocable, transferable worldwide license in the Content, to reproduce, prepare derivative works, perform and publicly display the Content. All copyrights are reserved by the respective copyright owners. Further restrictions on the Content may depend on the Forum Participation Rules associated with the Forum in which the Content is posted."

This means that when the author posts to the forum, the nonexclusive license granted to MM for that post is binding.  This 'license' grants MM the right to archive and display their works, prepare derivative works and such. More importantly, because it's nonexclusive, the authors who post at MM retain their copyright in the work, keeping their right of distribution, the right to make copies, the right to license the work to other publishers, etc.

Further, the nonexclusive license described in the update to the Terms of Use
specifies that MM is given the right to prepare derivative works. A derivative work may be created when the presentation of the work has changed.  MM needs to have the right to prepare derivative works because this gives MM the right to publish the work in the MM Chapbook, archive the work, etc.  By having a member grant MM the right to prepare derivative works, MM has the right to use the member's post in the Chapbook without any further written permission.

Our initial idea is to create TWO annual chapbooks, 'Pandora Winners Compilations' and 'Members Choice, Faery, Crown Jewel, and Model Muser' award recipient compilations. These chapbooks will feature multi-color fonts and graphics, 67 pound and 28 pound gloss white stock for cover and content pages, and images. The prices will be in the $7 to $9 range (U.S) and will be designed by yours truly (Cleo).

We are also thinking of offering a quarterly 'Newsletter' or 'Chapbook' that will feature writing exercises, poems, short stories, ancient goings-on, and few other topics still to be determined like word suggestions/meanings. Charon and Ephiny have offered their time to this effort and more news will be posted as we continue our thoughts on this one. If anyone is interested in participating, please let us know!

I would like start a 'Title challenge' for this newsletter!  What should we call this new venture? I was thinking of "The Missive", or "The Mosaic Missive"... Please send in your ideas to lkanter@mosaicmusings.net or post a reply to Nero's News forum thread. You could win some complimentary issues or chapbooks if your idea is chosen!  

Thanks Giovanna and thanks all for building the Mosaic!
Regards!
Lori


~Cleo

[Cleo_Serapis]

Updated Terms of Use July 26, 2004 - section 1 and 10

[Cleo_Serapis]

Updated section 9: TRADEMARK INFORMATION

[Cleo_Serapis]

UPDATED SECTION 8: COPYRIGHT INFORMATION

Hello everyone.

For several reasons, one being the decision on my part to stop creating monthly member chapbooks and instead, produce only special editions (with permission) and another being a hesitance by some guests and/or members to post because of the copyright disclosure here in our Terms of Use policy, I've decided to change this section BACK to the original wording effective immediately as follows;

Content displayed on the Site is protected under U.S. Copyright laws and cannot be copied, altered, uploaded, transmitted, published, distributed, reproduced or sold, in whole or in part for any purpose other than for non-commercial and personal use. Further restrictions on the Content may depend on the Forum Participation Rules associated with the Forum in which the Content is posted. All works posted on the Site are submitted on a voluntary basis. This allows Mosaic Musings to display and archive such works within Site, and if applicable, allows members to comment on such works. All exclusive rights are reserved by the respective copyright owners and no redistribution including publication or reproduction in any form is permitted without express permission of the copyright owner.

This change requires written permission for Mosaic Musings and its affiliates to publish your works posted on site.

Please spread the word! Perhaps some inactive members will begin to post again?


If you have any questions, please let me know.
Regards!
~Cleo  

THIS WAS THE FORMER WORDING (which gave MM broad rights to use the content that is posted on the site) until now, Sep 02 2005:

On April 3, 2004, we made a revision to our TERMS of USE, section 8: COPYRIGHT INFORMATION, as follows:
"...By posting Content on the Site, you are granting Mosaic Musings, LLC and its affiliates, successors, and assignees, a nonexclusive, irrevocable, transferable worldwide license in the Content, to reproduce, prepare derivative works, perform and publicly display the Content. All copyrights are reserved by the respective copyright owners. Further restrictions on the Content may depend on the Forum Participation Rules associated with the Forum in which the Content is posted."

This meant that when the author posts to the forum, the nonexclusive license granted to MM for that post is binding.  This 'license' grants MM the right to archive and display their works, prepare derivative works and such. More importantly, because it's nonexclusive, the authors who post at MM retain their copyright in the work, keeping their right of distribution, the right to make copies, the right to license the work to other publishers, etc.

Further, the nonexclusive license described in the update to the Terms of Use specifies that MM is given the right to prepare derivative works. A derivative work may be created when the presentation of the work has changed.  MM needs to have the right to prepare derivative works because this gives MM the right to publish the work in the MM Chapbook, archive the work, etc.  By having a member grant MM the right to prepare derivative works, MM has the right to use the member's post in the Chapbook without any further written permission.